USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 18
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233
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ATTORNEY GENERAL OF N. Y. ON AMBOY PORT.
Amboy be admitted a free port, because the scituation of Amboy is nearest to Sandy Hook where ships enter from the sea and if they can goe twelve miles to a Port and be free from all duties, they will never come twenty-four miles to pay considerable duties, so that the revenue will certainly fall.
If it should be permitted to be a free Port albeit they have officers appointed by the Custom house, yet they are not able to avoid the abuses that will be committed against the Act of Trade, because the inhabitants of that Province will always preferr their private gaine to the generall good of the Nation of England, and there being no force of government to suppress such unlawfull dealing, it will become (by being a free Port) a nursery to all the unlawfull trade of America: be- cause at New-York who hath a strong garrison and Ships of War to attend, yet it is with great difficulty that the said unlawfull trade is suppressed, and if not by your Lordships strict diligence, would fall into great disorder and confusion.
It is also against the policy of England; for Hudson's River is the same with the River of Thames; for altho' there is not so great a breadth between the East and West side of Hudson River as there is between the mouth of the River of Thames, yet there is no other Port appointed in the said River butt the Citty of London, and from the same reason the greatest dis- tance between Amboy and Yorke not exceeding thirty miles, all the inhabitants of New Jersey cannot exceed by a moderate computation twelve thousand [hundred] families, who lay upon themselves a considerable bur- then for the supporting the King's government, and therefore more reasonable that New York should be the port, as London is to the River of Thames, then that Amboy should be a port, and not only destroy so great a revenue to the King, but also force the in- habitants of this Province, who depend upon trade to
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repare where they may live more easy and by that means weaken the strength of so usefull a Province to his Majesty. And by maintaining the port of New Yorke there can be no greater violence done to the subject then there is in the river of Thames, but being found more for the King and Nation's service that London should be the port then any other place in the River of Thames (tho there be many convenient places for ports on both sides the river) yet it would be in prejudice of the improvements of London; and soe de- barred. And by the same motive the lesser ought to yield to the greater, being in like manner the more for the King's service and interest that 200 yield to 5000, and four or five saile of vessells come to Yorke and pay duties then that the navigation of 100 sail that come to New York should goe to Amboy & loose not only the trade of the Province but the revenue that depends thereon. Many more arguments can be offered but this in the meantime for your Lordships present information is humbly submitted by
May it please your Lordship Your Lordships most obedient and most faithfull servant JA: GRAHAM
New Yorke June the 30th 1698
Earl of Bellomont to the Lords of Trade. [From New York Col. Docts., Vol. IV, p. 332.] To the Right Honble the Lords Commissioners for Trade.
MY LORDS.
In my last of the 25th of May I gave your Lordships an account of my receipt of His Majtys orders in rela-
1698]
DIFFICULTY BETWEEN BELLOMONT AND BASSE. 235
tion to the Port of New Yorke and the Jerseys and send your Lord's the Proclamtr I published thereon; but I finde since my proclamation Coll: Bass published a Counter proclamtn in the Jersey's which I now send you; he likewise hath wrot several letters to me on that subject, much disputing my orders and ascerting the right of the Port of Perth Amboy; but he hath since been with me and seen the Kings orders, and I thought he was so well satisfied that there would be no dispute but that the Jerseys should submitt to the Court of Ad- miralty of New Yorke: and soon after a ship was seized there by Mr. Randolph and tryed in the Court of Ad- miralty here, but sometime since two Pirates of Every's crew being seized in the Jerseys a precept issued out of the Court of Admiralty here to demand them and to bring them prisoners thither. On this Coll: Bass called his Council and they were unanimous not to de- liver, until the Commission for the Court of Admiralty was published and recorded in the Jerseys as appears by Coll: Bass his letter now sent of the 17 June last. On the receit of this I call His Majtys Councill, and by their advice sent a command to Coll: Bass (which I now likewise sent you) with which Coll: Bass being startled, he ventured without the consent of his Coun- cill to send me the two prisoners supposed to be Every's crew. I herewith send their examinations taken be- fore Coll: Bass. I can find no evidence here against them, so that they would be cleared on a tryall here, and I have no instructions to send them for England so that I must admitt them to bail. One of them is not now above nineteen years old, his name is John Alston, was about 12 or 13 years old and was a boy in the ship when Every run away with her, and as he said forced him away too for a cabin boy, that he had no share with the rest, but a small part which they voluntarily gave them, that he acted no ill thing with his owne hand, and could not avoid being in the ship,
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being forced away: his account appeared to me prob- able, and inclines me to represent this circumstance to your Lord's that if you think fitt he may be represented as an object of His Majtys mercy, he is not named in . the Proclamation. * * * *
My Lords-I am with respect-Your Lordps most humble and faithful servant
BELLOMONT.
New York July the 1st 1698.
Earl of Bellomont to the Lords of the Admiralty. [From N. Y. Col. Docts., Vol. 4, p 359.] To the Right Honble the Lords of the Admiralty. (Extract.)
MY LORDS
* * P. S. I had omitted to acquaint your Lordps that a precept issued out of the Court of Admiralty of New Yorke, to take two supposed Pirates out of the custody of the Gov" of Jerseys, but he by advice of the Council (as he said) did not obey it on pretence that my commission of Vice Admirall (which as yet I have not) was not published and recorded in the Jerseys, nor the other Commissions of that Court. But I sent him a commanding letter, which he obeyed, and sent the Prisoners, as your Lord's will perceive by the letters which shall be laid before your Lord's by the Agent. [New York July 6th 1698]
237
MINUTES OF NEW YORK COUNCIL.
1698]
Minutes of the Council of New York, relating to the clearance of a vessel from New York to Perth Amboy.
[From P. R. O. B. T., N. Y., Vol 4, D 31.]
Minute of the Council of N : Yorke of ye 23rd July 1698 abt a Port at Perth Amboy.
At a Councill at New Yorke the 23 !! July 1698.
Prrsent. Capt: JOHN NASSAU Lieu' Governo."
STEP. CORTLANDT
GABR MONVIELE
NICH: BAYARD Esq! JOHN LAWRENCE Esq
Coll: Cortlandt Did inform the board that this Day the Governo" of the Jerseys Accompanied Stephen Jerom Master of the Ship Dispatch and Demanded Clearings for Amboy, in order to Unload Goods with- out paying the Duty, and upon Argument Tendred to give Security in £1000 to abide by all at Westminster- hall, and to pay the Duty and Charges in Case they shall be Cast in his Maj'ties Courts.
The Governo' of the Jerseys and Mr. Willock were called in, and his Excellencies proclamation read to which the Governo" of the Jerseys did answer that they Did not Claime theire right to a Port from the Duke of Yorks Grant but from the Act of Parliament of the 25th King Charles the Second Chapter the Seventh. Amboy being Established a Port by the Comissioners of the Customes, under the Directions of the Lords of the Treasury, That My Lords Proclamation could not Oblige them to part with their Right whereof they were possessed, unlesse they Did understand, that it was Destroyed by the same power that Gave it, That it was unreasonable and Contrary to the Law of the Province of New York to levy money upon his Maj'ties
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Free Subjects of East Jersey, by virtue of the Acts of Assembly of this Province, while the Subjects of East Jersey had no person to Rep'sent them in those As- semblyes.
That the Master had Signed Bills of Loading to De- liver Goods at Amboy, and that the Commissioners of the Customs had signed to Cocketts of that Town .- That the Councill of the Jerseys were Resolved to pro- tect any Ships Coming thither and to Repell force by force, but to p"vent force and violence they Doe tender to Give Security as Coll. Cortlandt Did already In- form.
The Governo! of the Jerseys Gave in Coppies of Mr. Cokers Comission to be Collector of the Jerseys; King Charles the second's Proclamation, King William's Letter to the proprietors of East Jersey, the Com's of the Customes Report upon the Proprietors petition, and the order of the Comissioners of the Customs to Mr. Randolph about a port at Perth Amboy. It is the opinion of the Councill, that a Coppy of these Minutes, and other papers be sent up to his Excellency.
P order
DAVID JAMISON Ck Council.
.
Deposition of Ducie Hungerford, about the seizure of a Vessel at Perth Amboy.
[From P. R. O. B. T., New York, No. 4, D. 34.]
The Deposition of Ducie Hungerford Esq" Colle of his Majts Customes Att New Yorke in America.
WHO being duely sworn upon the holy Evangelists of God deposeth and saith that having intelligence of a Sloops entring and unloading severall goods and
239
DEPOSITION OF DUCIE HUNGERFORD.
1698]
Merchandise att Perth Amboy in East Jersey wthout first duely entring the same att his Majts Custome house in New Yorke, He this Deponent did on the 23d July last repair to Amboy taking to his Assistance Mr John Parmyter in order to seize the sª Sloope to the Kings use, according to Law and Severall Acts of Par- liament, and Pursuant to Proclamation issued forth by his Excellency the Earl of Bellomont dated the 24th May last directing and commanding every officer of the Custome house in their respective places and dutys to stop, seise, or hinder any vessel wtsoever that con- trary to said Proclamacon should go to Perth Amboy, there to break bulke and unload any goods and Mer- chandise whatever wthout due entry first made att his Majesties said Custome house in New Yorke of said vessell and Goods Att this Deponts arrivall att Amboy he found by search in the Coll's office there, that there had been entred and landed sundry goods and merchan- dise from on board the said sloope Vizt a hhd Tyoll wine drinking glasses &c. whereupon this Deponent endeavoured to gett on board the said vessell in order to seise her as aforesaid, But coming nearer found severall of the Inhabitants of Amboy had gotton on board of her amongst whom were M' Cole and one Mr Leveridge and two men belonging to M' Basse Captain Richard Wise and Mr. Joseph Heron, who wth Clubbs Oars, handspikes &c Stood on her Side to Keep this Deponent from coming on board the said vessell-And this Deponent further saith that on his approaching and coming near the said sloope the said Heron swore God dam him he would knock this Deponents brains out if he offered to come there or words to that pur- pose, and they all bid this Depot keep of att his Perill by wch means he this sd Depont was hindred and pre- vented from doing his duty according to his office in seising the Vessell aforesaid And this Deponent fur- ther saith that some time after being on the shore in
1
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Company wth M' Parmyter the said Wise from on board called to this Deponent and asked, if he had a mind to come and sink by her side, and after many threatning words, The said Wise, Heron, and others to a great number came from on board the said Sloope up to this Depnt in a violent and tumultuous manner wth clubbs oars &c and put this Depont in great danger and fear, whereupon he and Mr. Parmyter both went back as farr as safely they might, but the said numbers of people suddenly rushing on them they were att last forced to stand wth their swords in their hands to keep them off in their own defence but offered no assault or violence to any, and were at length constrain'd to de- liver up their swords, and then was by the Constable of the place rudely seised on and violently hailed be- fore a Justice of Peace by name Samuell Dennis, after he had kept this Depont in Custody about two hours wthout order, or warrant as he himself owned, and was after kept in Custody by the said Justice or by his order about two hours longer to whom this Depont shewed his Commis'ion, and told him by whose and what authority he came to seise the said sloope and that it was according to his duty and place, and pursuant to his Excellency's said Proclamac'on, but the said Justice Dennis denyed that his Excellency's said Proclamation had any force there, nor could they Take any notice of it But charged this Deponent wth comitting a Ryott tho in truth there was none save the said Mr Parmyter and this Deponent, nor did they offer any force or violence to any wtever And this Depont further saith that he desiring the said Justice not to admitt the said Wise to give Evidence for that he was somewhat in drink, as plainly appeared to this Deponent, upon wch the said Wise loudly swore God dam him he would knock out this Deponts brains if he did not hold his Tongue, or words to that effect, and was then comeing towards this Deponent to strike him, but was hindred by some people Standing by.
241
EARL OF BELLOMONT ON PORT QUESTIONS.
1698]
And this Depont further saith that after he had been kept in Custody by both Constable and Justice from about six a clock in the Evening till about half an hour after tenn att night he was sett att liberty, and soon after returned to New Yorke not being able to make the intended seisure being violently hindred and prevented as aforesaid
DUCIE HUNGERFORD.
Jurat Coram nobis the 18th day
Septembr 1698.
BELLOMONT JA: GRAHAM
Earl of Bellomont to the Lords of Trade. [From New York Col. Docts., Vol. IV, p 380.]
To the Right Honourable the Lords Commission- ers of the Council of Trade.
[Extract.]
MY LORDS
* * * *
Your Lordships formerly sent me orders to maintein the priviledges of this port against Perth Amboy in East Jersey: upon which I issued a Proclamation sig- nifying his Majesty's order in Councill thereupon; and Colonel Basse, Governor of the Jerseys setting forth a counter proclamation, I sent for him and shewed him the Orders your Lordships had sent me, and that in the presence of the Attorney Generall; yet this man has since had the impudence and folly to deny that he ever saw my orders and pretends he will by force main- tain the port of Perth Amboy. When I was at Albany he appeared before my Lieutenant Governor and the
17
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Councill and controverted the right that place had to be a port and produced severall coppies of papers (but not one original) to prove that the Lords of the Treas- ury & Commissioners of the Customes allowed it a Port. My Lieutenant Governour's letter to me at Albany, and the minutes of Councill will inform your Lordships of this matter, they are (No 6) and with them are bound up coppies of all Colonel Basse's papers, which he produced before my Lieutenant Governor and Councill, as evidences of Perth Amboy being al- lowed a Port. I must not forget to acquaint your Lordships that when I shewed Colonel Basse the orders you sent me, he urging the validity of those papers, I now come from mentioning, and that the Act of Par- liament of the 25th Car. the 2ª gave the sole power of constituting Ports to the Lords of the Treasury and under them to the Commissioners of the Customes; I told him if he could produce an authentick originall or- der from the Lords of the Treasury or the Commission ers of the Customes, erecting Perth Amboy into a Port, I would pay that defference to their orders as not to disturb any ships going in there, provided security were given that all goods landed there should after- wards pay the duty claimed by the port of New York in case upon my writing to the Ministers in England the matters should again be determined in favour of the port of New York: and I remember I argued with Colonel Basse the impossibility of the King's making such an order in Councill without the concurrence of some of the Lords of the Treasury, who as members of the Privy Councill would have sett his Majesty right if the matter had been wholly under the direc- tion of their Lordships of the Treasury by that clause in the Act of Parliament. Besides I told him it could not be imagined that such eminent lawyers as my Lord Chancellour and Lord Chief Justice of England would sitt at Councill and not inform his Majesty that
1698] COURSE OF GOV. BASSE TOWARDS PIRATES APPROVED. 243
such an order was against law, were it really soe. To shew what little respect Colonel Basse paid to the orders of the government I send your Lordships an affidavit made by M' Hungerford who together with Colonel Cortlandt is appointed to execute the office of Collector and Receiver Generall in M' Brookes his stead, which is bound up with the above said paper
I conclude with much respect, My Lords Your Lordship's most humble and obedient servant,
New York Sept 21+ 1698.
BELLOMONT
Secretary Popple to Governor Basse, commending him for his zeal in suppressing Piracy.
[From P. R. O. B. T. Proprieties, Vol. 25, p 256.]
To JERIMIAH BASS Esq? Gov! of his Majesties province of East and West New Jersey in America.
S!
I communicated the letter which you were pleased to write me, dated in Aprill last, to the Lords Com- missioners of the Councill of Trade and Plantations: upon which their Lordps have comandª me to Acquaint you, that your advices are very Acceptable to them, and to desire the continuance thereof, The Method which you say you have proposed to M' Randolph for preventing Smuggling and illegal Trade, will I sup- pose come under the Consideration of the Commis- sioners of the Customes, to whose province it particu- larly belongs.
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NEW JERSEY COLONIAL DOCUMENTS. [1698
What you write about equalizing the Duties on Com- modities in the Severall plantations by an Act of Par- liament here is a Matter of great weight upon which I presume not to make any Judgement. But as I know that the Suppression of Pirats and the discouragement of them in the Plantations, either by preventing their fitting out from thence or apprehending and punish- ing those that return thither, is absolutely necessary not only in respect of England, but for all honest Men even in the plantations themselves, I cannot therefore but commend the Zeal you have many times expressed in that matter, and remain confident that you will omit nothing in your power that may contribute to so good a Work, whether it be by intelligence and advices hither or by the care full Execution of what is re- quired from you in the place of your residence there I heartily wish you all manner of happiness in the Post where you are placed, And am &
Whitehall Octob! ye 25th 1698.
W. P.
Secretary Popple to Mr. Lownds, Secretary of the Commissioners of the Treasury, inquiring whether any directions had been given by them relative to the Port of Perth Amboy.
[From P. R. O. B. T. Proprietors, Vol. 25. p. 262.] To Mr Lownds.
S!
The Lords Com's of ye Council of Trade and planta- tions having lately received Lett's from the E of Bello- mont wherein he writes that M' Bass at p'sent Gov! of
1698] BELLOMONT'S DIFFICULTY WITH GOVERNOR BASSE. 245
East & West New Jersey, notwithstanding his Majtys Ord' in Council of the 25th Novemb! 1697 (whereof I send you here enclosed a copy) had Controverted before the Council at New Yorke the Right of the proprietors of the Jersey's to have a Port at Perth Amboy, directly contrary to his Majts fores.ª Order in Councill and to all y& Instructions that have been constantly given to the Gov's of New Yorke and pretended to maintain that Right by Force; Their Lordships being highly sensible of how pernicious consequence the allowance of the priviledge to ye Jersey's would be to the Trade of his Majts provee of N. Yorke & to his Majts Revenues there, have comand.ª me to Desire you would please to inform y" whether y! matt" have been before ye Rt Honble ye Lords of ye Treaty & w' directions their Lords have been pleased to give about it I am &.c
Whitehall Decemb! the 14th 1698.
W. P.
Earl of Bellomont to the Lords of Trade. [From New York Col. Docts., Vol. IV., p 438.]
To the Right Honorable the Lords Commissioners for Trade and Plantations.
[Extract.]
MY LORDS
*
* *
Mr. Basse the Governour of the Jerseys in contempt of the orders your Lordships formerly sent me, loaded the ship Hester at Perth Amboy in East Jersey and was sending her on a voyage; on notice whereof I sent M' Hungerford one of the present Collectors, and one
1
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of my Lieutenants with forty soldiers and seized and brought the ship away. I have since offered to restore the ship provided Basse would have her cleared at this Port, but he refusing so to do we are going to have her tried. The whole proceeding about the said ship is contained in the papers herewith sent (No. 1) vizt two minutes of Council and two letters, one whereof writ by Mr. Cozens, Clerk of the Council to Basse, by order of myself and Council, and Basse's answer to that letter. M' Basse sent me word he had positive or- ders from the Proprietors not to yield upon no account to any orders I had received, and he threatens to try in Westminster Hall whether Perth Amboy be a port or no, and to sue me for damages for bringing away the ship Hester.1 She is a leaky ship of about 120 tun and her loading is 28,000 barrel staves. Now that I speak of the Jerseys it will be proper to acquaint your Lordships that I have not yet complied with his Majesty's instruction which orders my regulating the Militia of the Jerseys, because there is no civill govern- ment there, for Basse having not the King's approba- tion, as the Act of Parliament of the seventh & eighth of the King obliges all governours of Plantations to have, the people do not own Basse's authority, and for fear they should call it more publickly in question, he dares not call an Assembly. Besides 'tis said he has been formerly in very mean circumstances in that country, and his carriage now is very foolish, which makes him contemptible to the people.
* I am with respect My Lords Your Lordships most humble
New Yorke and obedient Servant December 14th 1698 BELLOMONT
1 Governor Basse did, as he threatened he would do. The case was taken into West- minster Hall, and its thorough discussion resulted in the establishment of Perth Amboy as a free port, and a verdict was rendered in favor of Governor Basse, for several hundreds of pounds sterling. See East Jersey under the Propri. Govts., 2d Edition, pp. 205-207. Proceedings of N. J. Hist, Society, Vol. X, p 144 .- ED.
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247
SECRETARY POPPLE TO SECRETARY SANSOM.
1698]
Secretary Popple to Secretary Sansom, transmitting sundry documents referring to the Controversy about the Ports of New Jersey, for the consid- eration of the Commisssoners of the Customs.
[From P. R. O. B. T. Proprieties, Vol. 25, page 282.1
TO JOHN SANSOM, ESQE Sir:
The Lords Commissioners of the Councill of Trade and [plantations having been lately informed by the Earle of Bellomont from New York of some opposition made by M' Bass Governor of the Jersy's, to his Maj- esties Order in Councill of the Twenty fifth of Novemb". 1697; relating to a Port at Perth Amboy; they have commanded me to send you the following papers for the information of the Commissioners of his Majesties Customs in that matter Viz.
(1) [*] Copy of their Representation to the Lords Justices Dated the 27th October 1697.
[*] Copy of his Majesties order in council upon their said Representation dated the 25th Nov! 97.
Copy of the Earl of Bellomonts proclamation in Pur- suance of the forementioned Representation and Order Dated at N. Yorke the 4th of May 1698.
[*] Copy of M' Bass's proclamation challenging the Right of a Port at Perth Amboy in opposition to his Majesty's foresaid Order in counc" datd at perth Amboy ye 30th May 1698.
[*] Copy of a Minute of his Majesties Council of New York upon a Dispute about the clearing of a Ship for Perth Amboy, without paying customes at New York. Dated the 23".ª of July 1698.
[*] Copy of Ducy Hungerford's Affidavit relating to the opposition made to him at Perth Amboy, upon a
(1) [*] The documents thus marked will be found under their respective dates on preceding pages .- ED.
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seizure that he endeavoured to make there in pursuance of his Majesty's forsaid Order in Councill and the Earl of Bellomonts proclamation upon it. Dated the 18th September 1698.
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